Non-First
Amendment Rights
SHS Social Studies
Amendment II
 Right to bear arms (possess
and carry firearms)
 Original intent: citizen militia;
Kings took weapons from...
Amendment IV
 III: Quartering troops
 Searches &
seizures—must be
reasonable
 Probable cause
 Search warrant
 Signed ...
Is A Warrant Needed?
 Belief that someone committed a felony?
 Yes
 Crime committed in presence of police?
 No
 Garba...
More Amendments…
 Amendment V: self-
incrimination (Miranda v.
Arizona)
 Amendment V: double
jeopardy (both state &
fede...
Amendment VIII
 Against cruel & unusual punishment
 Punishment must fit the crime
 Death penalty?
 Furman v. Georgia (...
Let’s examine the
data
Number of Executions
 In 2008, 37 persons
in nine states were
executed -- 18 in
Texas
 Of persons executed
in 2008:
 20...
Number of Executions
 All 37 inmates executed in 2008 were
men
 54 women were under death sentence
 Lethal injection wa...
More on Executions
Inmate Abstract
 Inmates under sentence of death in 2007:
 nearly 2 in 3 had a prior felony conviction
 1 in 12 had a p...
State methods (most use Lethal
Injection)
Crimes With Capital Punishment
State Crimes
Federal Crimes
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Non-First Amendment Rights

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Non-First Amendment Rights

  1. 1. Non-First Amendment Rights SHS Social Studies
  2. 2. Amendment II  Right to bear arms (possess and carry firearms)  Original intent: citizen militia; Kings took weapons from political opponents  District of Columbia v. Heller (2008)—individual right  McDonald v. Chicago (2010)— applied to states (handgun ban)
  3. 3. Amendment IV  III: Quartering troops  Searches & seizures—must be reasonable  Probable cause  Search warrant  Signed by judge  Exclusionary rule
  4. 4. Is A Warrant Needed?  Belief that someone committed a felony?  Yes  Crime committed in presence of police?  No  Garbage cans  Yes (unless garbage has been taken out)  Drug test  No  Vehicle  No (even things in the vehicle)  Wiretap  Yes
  5. 5. More Amendments…  Amendment V: self- incrimination (Miranda v. Arizona)  Amendment V: double jeopardy (both state & federal laws violated?)  Amendment VI: assistance of counsel (Gideon v. Wainwright) 5 years
  6. 6. Amendment VIII  Against cruel & unusual punishment  Punishment must fit the crime  Death penalty?  Furman v. Georgia (1972): unconstitutional  Gregg v. Georgia (1976): constitutional if death penalty if certain procedures are followed— separate deliberations; specific crimes; appeals)
  7. 7. Let’s examine the data
  8. 8. Number of Executions  In 2008, 37 persons in nine states were executed -- 18 in Texas  Of persons executed in 2008:  20 were white  17 were black
  9. 9. Number of Executions  All 37 inmates executed in 2008 were men  54 women were under death sentence  Lethal injection was used in 36 executions in 2008; 1 execution was by electrocution.  Thirty-seven States and the Federal government in 2006 had capital statutes.
  10. 10. More on Executions
  11. 11. Inmate Abstract  Inmates under sentence of death in 2007:  nearly 2 in 3 had a prior felony conviction  1 in 12 had a prior homicide conviction.  Average age at time of arrest was 29  Nearly 1 in 9 inmates were age 19 or younger at the time of arrest  Youngest inmate under sentence of death was 19; the oldest was 92.
  12. 12. State methods (most use Lethal Injection)
  13. 13. Crimes With Capital Punishment State Crimes Federal Crimes
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